Certification Election and Representation Issues 1) Free Trade Unionism It is the policy of the State to encourage free trade

unionism and free collective bargaining. Employees or workers cannot effectively bargain collectively for their benefit unless they are organized into trade unions. The creation of trade unions, however, should not be treated as a means to thwart or defeat the interests of the employer. For it is a basic principle in labor relations that it is unlawful for workers to combine for the purpose of controlling the business of the employer in matters not affecting the terms and conditions of their employment. A labor union is organized principally to secure better working conditions of its members, advancing their interest in the areas of wages and other terms of employment and more significantly, to improve relations with their employer. A labor union is not created for the purpose of destroying the employer. Being created for the benefit of its members, it is the union which is the recognized instrumentality and mouthpiece of the labourers. Only through the union can labourers exercise their right of collective bargaining and enjoy other rights and privileges. Without the union, labourers are impotent to protect themselves against the reaction of conflicting economic changes and maintain and improve their lot. 2) Labor Organization LABOR ORGANIZATION is any union or association of employees which exists in whole or in part for the purpose of collective bargaining and for dealing with employers concerning the terms and conditions of employment. Take note, labor organization is established for the purpose of collective bargaining, whether wholly or partly. If such purpose is removed or is absent, the organization may merely be considered as WORKERS ASSOCIATION, which latter organization is created for purposes other than collective bargaining, such as mutual aid and protection, cooperation or other lawful purposes. If in private sector, we use LABOR ORGANIZATION; if in the pubic sector, it is appropriately termed as EMPLOYEES ORGANIZATION. 3) Union How is a UNION different from a LABOR ORGANIZATION? UNION simply refers to LABOR ORGANIZATION in the private sector. The terms may be used interchangeably. 4) Legitimate Labor Organization LEGITIMATE LABOR ORGANIZATION is any labor organization in the private sector registered or reported with the DOLE in accordance with the provisions under the Labor Code and its implementing rules. If in private sector, we use LEGITIMATE LABOR ORGANIZATION; if in the public sector, it is appropriately termed as REGISTERED EMPLOYEES

ORGANIZATION; the registration of the latter with the BLR of the DOLE is not sufficientit has to be registered with the CSC, as well. Article 234 of the Labor Code makes specific reference to the following labor organizations, which may register as legitimate labor organizations, to wit: a) b) c) d) e) Federation; National Union; Industry Union; Trade Union Center; or, Independent Union.

Take note, if a labor organization does not qualify as one of those listed or enumerated, it cannot register as a legitimate labor organization. 5) Federation, National Union or Industry Union FEDERATION, NATIONAL UNION and INDUSTRY UNION refer to a group of legitimate labor organizations in the private sector for collective bargaining purposes or for dealing with employers concerning the terms and conditions of employment of its member-unions or for participating in the formulation of social and employments policies, standards and programs and is registered with the BLR of DOLE. 6) Trade Union Center TRADE UNION CENTER is any group of registered federations or national unions organized for mutual aid and protection of its members, for assisting such members in collective bargaining, or for participating in the formulation of social and employment policies, standards and programs, and is duly registered with the BLR of DOLE. 7) Independent Union INDEPENDENT UNION refers to a labor organization operating at the enterprise level, which acquired legal personality through independent registration under Article 234 of the Labor Code. Take note, registration of an independent union requires that at least twenty (20%) percent of all employees in the bargaining unit where it seeks to operate should support its application for registration. For federations and national unions, there is no such 20% membership requirement; however, it requires proof of affiliation of at least ten (10) locals or chapters, each of which must be a duly recognized collective bargaining agent in the establishment or industry in which it operates, supporting the registration of such applicant federation or national union. Independent Unions may very well affiliate with a Federation or National Union to assist them in collective bargaining or dealing with their employer. 8) Registration of Labor Organizations

A labor organization which is not registered with the DOLE does not possess any collective bargaining rights. It cannot even file a petition for certification election. The right to enter into a CBA may be exercised only by a legitimate labor organization. Legitimate labor organizations have exclusive rights under the law which cannot be exercised by non-legitimate unions or those not registered, one of which is the right to be certified as the exclusive bargaining agent of all the employees in an appropriate bargaining unit for purposes of collective bargaining. However, take note, a labor organization may become legitimate through a process other than registrationand that is through chartering by a federation or national union (Article 234-A). When an unregistered union becomes a branch, local or chapter of a federation or national union, said union now becomes legitimate. It may be called as local chapter, which does not require the 20% membership requirement unlike that of an independent union. 9)